Pate v. Settle. Melissa Richardson and Ryan Glass successfully obtained summary judgment for their client. Defendant rented a dumpster for his tenant to use during efforts to remediate the property. Plaintiff was allegedly helping the tenant with the remediation efforts. In doing so, Plaintiff placed a nightstand next to the dumpster and stood on the nightstand to make additional room in the dumpster. No one instructed Plaintiff to do this. Plaintiff fell off the nightstand and broke his hip. Plaintiff alleged he was hired by Defendant to remediate one of Defendant’s rental properties. Defendant denied this. Plaintiff filed suit alleging Defendant “retained control of a dumpster with improper and/or absent safety measures that was brought onto the property for the common use of all persons.” The Court ruled Defendant could not foresee Plaintiff would be injured by the allegedly dangerous condition that Plaintiff himself created and thus that the Defendant did not breach any duty.
